This piece aims to examine the practical consequences of leaving the concept of “treatment” undefined and proposes reforms that may help give substantive effect to the protection contemplated under Regulation 38A.

Authors examine how the arbitration law creates an appearance of certainty. Employing the newly enacted Chinese framework as a genesis, the post compares the approaches in three different jurisdictions and puts forward suggestions to address the ambiguities and structural gaps in Indian arbitration law which handle the jurisdictional objections in practice.

The real question is not whether homebuyers belong within the IBC. It is why insolvency law has become the institution through which failures of real estate regulation are increasingly corrected, and how long a regulator can keep failing before the statute quietly covering for it is mistaken for the solution.